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Florida Consumer Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Consumer Law and Contracts for Florida on
Q: Can a denied motion have a second hearing without a motion for re-hearing after appeal?

Hi, I won an appeal on a default judgement case for my motion to set aside the default judgement, which was denied in the lower court. The appellate court remanded the case to the lower court for an evidentiary hearing. Recently the plaintiff has scheduled a hearing on my original motion to set... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 1, 2021

If it was remanded for an evidentiary hearing, it appears that the plaintiff properly scheduled a hearing. Be prepared at the hearing to offer evidence, as the appellate court ruled.

1 Answer | Asked in Consumer Law and Products Liability for Florida on
Q: Im a senior citizen Bought an HVAC for $5k. its never worked. 12 year warranty but dlr installer, mfg or dist wont back

I have all documentation and proof from point of purchase to defect determination. Unit has never worked and the installer/dealer won't fix or replace. There is a valid 12 year warranty but, no one from the manufacturer on down, will acknowledge responsibility. I am 63 (senior in FL) and no... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

Contact the Florida Attorney General's Consumer Affairs Office. If the unit was paid for through a program that program should be notified .

You have a right to sue them and can sue them in small claims court.

2 Answers | Asked in Consumer Law, Real Estate Law, Civil Litigation and Municipal Law for Florida on
Q: Can I park in front of my Lot/house on the street according to the bylaws below?

No vehicle shall be parked anywhere but on

paved areas intended for that purpose. Parking on lawns or landscaped areas is prohibited,

unless specifically approved or designated for such purpose. Lot Owners' or Residents'

automobiles shall be parked in the garage or... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Feb 9, 2021

That question is impossible to answer without seeing the plat and the location of your lot on the plat. While parking on roadways in front of your own house are generally permitted, there are exceptions for certain roadways and you cannot park on the roadway if you lot is located on one of the... Read more »

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2 Answers | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: What's a pleading? Is there a template?

I am the party (individual) initiating the action against another individual who operates a business. I have already submitted a statement of claim which was accepted and the process has moved forward. Now I need to submit a pleading and I'm pretty lost.

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 29, 2021

There are a mountain of various types of pleadings and a lawyer would need to know what you are trying to achieve or if you have been ordered by the court to submit a pleading, then the wording of the pleading. This site is not meant to teach someone how to proceed pro se with litigation. It is... Read more »

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1 Answer | Asked in Civil Litigation, Consumer Law and Civil Rights for Florida on
Q: I need help with a very complicated situation. Please read the details for more information. You havent seen this before

I walked outside of my home this morning to find my car had gone missing. I called the police department to report it had been stolen. The police department stated the car hadn’t been stolen but was rather repossessed. I purchased the vehicle cash from a private owner in 2018. I called the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 22, 2020

If you really believe that your legal situation is "unique" and the experienced lawyers answering legal questions here on Justia "have not seen this situation before" you are badly mistaken.

This situation is called "stealing." However, as you recently...
Read more »

2 Answers | Asked in Consumer Law, Contracts and Real Estate Law for Florida on
Q: Who may I sue in a new home construction sale, the builder or the seller?

I signed for a new construction home, now that is almost finished they did a different kitchen, as explained by the seller, the ceiling is low than the offered by the seller, and principal bathroom was offered with two sinks and they put only one.

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Dec 11, 2020

Not enough information but enough to see you need an attorney to review the contract and the events leading up to entering into the contract. Based on that review it should be able to be determined if you have a chance to get damages, or if you already purchased it, have you waived rights to sue... Read more »

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1 Answer | Asked in Consumer Law for Florida on
Q: I was sued by credit card and settled at pre-trial. Trial was dismissed without prejudice. What does that mean?

Does dismissed without prejudice mean that they can sue me again for the remainder of the balance. I asked this several times and have it also in email where they said that this would suffice for the entire balance of the account and would take care of it all. Now I see this this. Shouldn't it... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 6, 2020

Yes, it means that they can refile it if you fail to make the payments as you agreed. If it were dismissed "with prejudice" that would preclude them from refiling.

1 Answer | Asked in Consumer Law, Criminal Law and Traffic Tickets for Florida on
Q: After 30 days of being on hold from another county what is the process of inmate being release if it was vop

My brother violated with a misdemeanor traffic charge it’s his first vop and Columbia county gave the crime time served only problem is dec 4 will be his 30th day lock up without them coming to get him what would be the process of having him released or who could I talk to about him being... Read more »

Jonathan Blecher
Jonathan Blecher answered on Dec 2, 2020

You should retain an attorney to seek a bond on the probation matter, or release on recognizance, with the judge and prosecutor on the probation case.

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Florida on
Q: I live in Aus. A business in Florida accepted a 500$ deposit towards a future purchase, have sought a refund, ignored.

Advice provided.

Charles M.  Baron
Charles M. Baron answered on Nov 18, 2020

You definitely can file a small claim, and during the pandemic, Fla. courts are doing everything remotely (video or telephonic hearings). However, when the time arrives for them to start up in-person again, you might have a problem. The first stage in small claims, after filing and serving the... Read more »

1 Answer | Asked in Consumer Law and Estate Planning for Florida on
Q: My mother had 5 beneficiaries on her annuity she made me power of attorney specifically to remove 3 of those beneficiari

From her annuity leaving me and my sister Do I have the power as POA to remove individuals requested by my mother She could not sign the papers herself changing beneficiary because of the coronavirus which she died from And because access to her was restricted she gave me power of attorney to take... Read more »

Steven J. Fromm
Steven J. Fromm answered on Nov 15, 2020

If you have not had any luck with the insurance company, your next step is to hire an estate attorney to talk to their legal department. If that does not help, then the insurance company will file most likely file an "interpleader" and turn the proceeds over to the court, to have them... Read more »

1 Answer | Asked in Consumer Law, Contracts, Copyright and Business Law for Florida on
Q: Is it true that I don't need permission to use a song in my streaming service if it's free (and I make money from ads)

I'm starting a small music streaming service. And one of the bands I was talking to said that they do not own the licenses to their music. But would like to be on the platform. They mentioned to me that, to use their music, I do not have to pay royalties, so long as the platform is free, as... Read more »

Allison Higgins
Allison Higgins answered on Nov 12, 2020

This sounds like a situation where you will need to hire a lawyer. There are a lot of moving parts that need to be parsed out. You may want to look into getting a blanket license like many radio stations have.

Look into hiring a copyright lawyer that has experience with musicians and...
Read more »

1 Answer | Asked in Consumer Law for Florida on
Q: Can I sue the supermarket for this?

So I went to get yogurt at the grocery store, this store doesn't sell any pet food or any pet items whatsoever. The container that I bought is in the normal dairy area for human consumption. I went home and on the container it says "for cats and dogs, not for human consumption in small... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 8, 2020

Did it kill you or make you sick? No. So what are your damages? None. Without damages, generally you cannot sue.

1 Answer | Asked in Consumer Law, Contracts and Appeals / Appellate Law for Florida on
Q: Am I able to obtain a repossessed car that I use 100% of the time even though I am not on the title?

My father is the one who bought the car, he is now in Venezuela. I am living here in the US. We have the money that is due, however because I am not on the title or contract they will not allow me to pick up the car. My father has no way of being here to pick up the car himself. Is it a lost cause?

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Oct 8, 2020

Speak to the party holding the car about obtaining an affidavit from your father that gives you authority to retrieve the car for him. You can do this without consulate. Use instead a remote Virginia online Notary.

3 Answers | Asked in Civil Litigation, Consumer Law, Contracts and Collections for Florida on
Q: Bank can’t repo lost (not stolen) vehicle.

My fiancé and I got a vehicle together (both co-buyers on the loan). We ended up not being able to make the payments and we’re going to voluntarily give it back to the bank. It was this big ordeal and the bank wasn’t letting me set up a time for someone to either come pick it up or for me to... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 6, 2020

Nothing goes away. You should inform the bank about this so that it can take any action it deems necessary for them to track down the vehicle and take possession of it. If the vehicle is repossessed, it will be sold at auction and the proceeds applied to your loan balance. However, there is no... Read more »

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1 Answer | Asked in Consumer Law and Products Liability for Florida on
Q: How do I research a us district court case by number?

This is a class action against Samsung Electronics USA. Case # 2:17-CV-01263-CCC. How can I look this up to see what's going on with it?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 22, 2020

https://pacer.uscourts.gov/

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Foreclosure for Florida on
Q: Are you an attorney who has won foreclosure cases based on breaches of contract and fraud or know of someone who can .

My attorney has just notified me of his suspension and need to find new counsel. I have filed counterclaims and defenses with exhibits proving the new plaintiff is no a holder in due course. I have TILA violations, FDCPA violations , Breach of contrat including fraud in the inducement ,appriasal... Read more »

Sherri B. Simpson
Sherri B. Simpson answered on Sep 20, 2020

Although I handle those types of cases, I am not in Punta Gorda. Call Mark Dann at Dann Law 877-475-8100. If he cannot handle the case he should know someone who can. Or email mdann@dannlaw.com or intake at Dannlaw.com.

2 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for Florida on
Q: bank account garnish in small claim court in Polk county, where I live years ago.

when I found out my money was frozen that was giving to me, I did not know what to do. I did not know my rights. so, my husband file a emergency bankruptcy to get a stay. Not knowing I would have a right to ask for a claim of exemption and request for hearing in the court. We didn't file the... Read more »

Victoria Morales
Victoria Morales answered on Sep 16, 2020

Once a bankruptcy case is dismissed, the Bankruptcy Court will not look any further into it, there is no case.

You do not specify under which classification you are entitled to an exemption of claim. If you are able to bring the evidence that proves your entitlement, then the Judge is...
Read more »

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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: 3 yrs ago @ a motel paid full for month. wanted refund owner said no could only give 1 week money back. can I do anythin

He's known to have a severe drug problem the rooms were horrible I paid almost 2 thousand for the month and it was just odd he said I can't get my money back at all at firstly then said he could give me a weeks worth. It still bugs me to this- day the place is horrible and definitely not... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 15, 2020

Probably not. Do you really think a guy with a severe drug problem.who runs a roach motel is going to have 2 grand laying around? You should have consulted a.lawyer 3 years ago. Even so, if you think you have a case, you should consult a lawyer, but be prepared to be charged a hefty fee upfront if... Read more »

1 Answer | Asked in Consumer Law for Florida on
Q: Is it legal in Florida for dental practices to charge a COVID-19 fee to their patients to cover the costs of PPEs?

Particularly if that practice is a corporation - Sage Dental. Didn't they receive any relief money from the government to defray these costs?

Phillip William Gunthert
Phillip William Gunthert answered on Sep 10, 2020

There is always some new scam and fee, I would venture to say that a dentist charges plenty in general for their services already, this would be like an attorney, accountant, restaurant, bar, etc., any business adding a Covid-fee because the cost of doing business has increased with Covid now, we... Read more »

Q: I have an organizing system that would complement box legend clothes organizer. I would like to sell the idea.

I would like to sell the idea to the patent owner of box legend clothes organizer.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 7, 2020

Congratulations on having a good idea. You may be able to make and sell this as an aftermarket enhancement for installed systems. That is one route and a route that does not require buy-in from the BoxLegend folks. You may wish to obtain a patent so that others do not make a similar product.... Read more »

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